093_SB1210ham001

 










                                     LRB093 07945 MKM 14942 a

 1                    AMENDMENT TO SENATE BILL 1210

 2        AMENDMENT NO.     .  Amend Senate Bill 1210  on  page  2,
 3    immediately below line 2, by inserting the following:

 4        "Section  10.   The Illinois Municipal Code is amended by
 5    changing Section 10-2.1-4 as follows:

 6        (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
 7        Sec. 10-2.1-4.  Fire and police departments;  Appointment
 8    of members; Certificates of appointments.
 9        The  board of fire and police commissioners shall appoint
10    all officers and members of the fire and  police  departments
11    of  the  municipality,  including the chief of police and the
12    chief of the fire department, unless the council or board  of
13    trustees  shall  by  ordinance  as to them otherwise provide;
14    except as otherwise provided in this Section, and except that
15    in any municipality which adopts or has adopted this Division
16    2.1 and also adopts or has adopted Article 5  of  this  Code,
17    the  chief  of  police  and  the chief of the fire department
18    shall be  appointed  by  the  municipal  manager,  if  it  is
19    provided  by ordinance in such municipality that such chiefs,
20    or either of them, shall not be appointed  by  the  board  of
21    fire and police commissioners.
22        If  the  chief of the fire department or the chief of the
 
                            -2-      LRB093 07945 MKM 14942 a
 1    police department or both of them are appointed in the manner
 2    provided by ordinance, they may be removed or  discharged  by
 3    the  appointing  authority.   In  such  case  the  appointing
 4    authority  shall  file  with  the  corporate  authorities the
 5    reasons for such  removal  or  discharge,  which  removal  or
 6    discharge  shall  not  become effective unless confirmed by a
 7    majority vote of the corporate authorities.
 8        If a member of  the  department  is  appointed  chief  of
 9    police  or  chief  of  the  fire  department  prior  to being
10    eligible to retire on pension, he shall be considered  as  on
11    furlough  from  the  rank  he  held  immediately prior to his
12    appointment as chief. If he resigns as chief or is discharged
13    as chief prior to attaining eligibility to retire on pension,
14    he shall revert to and be established  in  whatever  rank  he
15    currently  holds,  except  for previously appointed positions
16    such prior rank,  and  thereafter  be  entitled  to  all  the
17    benefits  and  emoluments  of  that  such prior rank, without
18    regard as to whether a vacancy then exists in that such rank.
19        All appointments to each department other  than  that  of
20    the  lowest  rank, however, shall be from the rank next below
21    that to which the appointment is  made  except  as  otherwise
22    provided in this Section, and except that the chief of police
23    and  the  chief  of the fire department may be appointed from
24    among  members  of   the   police   and   fire   departments,
25    respectively, regardless of rank, unless the council or board
26    of  trustees  shall  have  by  ordinance as to them otherwise
27    provided.  A chief  of  police  or  the  chief  of  the  fire
28    department,  having  been appointed from among members of the
29    police or fire department, respectively, shall be  permitted,
30    regardless of rank, to take promotional exams and be promoted
31    to  a higher classified rank than he currently holds, without
32    having to resign as chief of police  or  chief  of  the  fire
33    department.
34        The  sole  authority to issue certificates of appointment
 
                            -3-      LRB093 07945 MKM 14942 a
 1    shall be vested in the Board of Fire and Police Commissioners
 2    and all certificates of appointments issued to any officer or
 3    member of the fire or police  department  of  a  municipality
 4    shall be signed by the chairman and secretary respectively of
 5    the   board   of   fire  and  police  commissioners  of  such
 6    municipality, upon appointment of such officer or  member  of
 7    the fire and police department of such municipality by action
 8    of the board of fire and police commissioners.
 9        The  term  "policemen"  as used in this Division does not
10    include auxiliary policemen except as provided for in Section
11    10-2.1-6.
12        Any  full  time  member  of  a  regular  fire  or  police
13    department  of  any  municipality  which  comes   under   the
14    provisions  of  this  Division or adopts this Division 2.1 or
15    which has adopted any of the prior Acts  pertaining  to  fire
16    and police commissioners, is a city officer.
17        Notwithstanding  any other provision of this Section, the
18    Chief  of  Police  of  a   department   in   a   non-homerule
19    municipality  of  more  than 130,000 inhabitants may, without
20    the advice or  consent  of  the  Board  of  Fire  and  Police
21    Commissioners, appoint up to 6 officers who shall be known as
22    deputy  chiefs  or  assistant  deputy  chiefs, and whose rank
23    shall be immediately below that  of  Chief.   The  deputy  or
24    assistant  deputy  chiefs  may  be appointed from any rank of
25    sworn officers of that municipality, but no person who is not
26    such a sworn officer may be so appointed.  Such deputy  chief
27    or  assistant deputy chief shall have the authority to direct
28    and issue orders to all employees of the  Department  holding
29    the  rank  of  captain  or any lower rank.  A deputy chief of
30    police or assistant  deputy  chief  of  police,  having  been
31    appointed   from   any   rank   of  sworn  officers  of  that
32    municipality, shall be permitted, regardless of rank, to take
33    promotional exams and be promoted to a higher classified rank
34    than he currently holds, without having to resign  as  deputy
 
                            -4-      LRB093 07945 MKM 14942 a
 1    chief of police or assistant deputy chief of police.
 2        Notwithstanding  any  other  provision of this Section, a
 3    non-homerule municipality of 130,000  or  fewer  inhabitants,
 4    through  its council or board of trustees, may, by ordinance,
 5    provide for a position of deputy chief to be appointed by the
 6    chief of the police department.  The ordinance shall  provide
 7    for  no  more  than  one  deputy chief position if the police
 8    department has fewer than 25 full-time  police  officers  and
 9    for  no  more  than  2  deputy  chief positions if the police
10    department has 25 or more  full-time  police  officers.   The
11    deputy  chief  position  shall  be an exempt rank immediately
12    below that of Chief.  The deputy chief may be appointed  from
13    any  rank  of sworn, full-time officers of the municipality's
14    police  department,  but  must  have  at  least  5  years  of
15    full-time service as a police officer in that department.   A
16    deputy  chief shall serve at the discretion of the Chief and,
17    if removed from  the  position,  shall  revert  to  the  rank
18    currently held, without regard as to whether a vacancy exists
19    in that rank. A deputy chief of police, having been appointed
20    from   any   rank   of   sworn  full-time  officers  of  that
21    municipality's  police  department,   shall   be   permitted,
22    regardless of rank, to take promotional exams and be promoted
23    to  a higher classified rank than he currently holds, without
24    having to resign as deputy chief  of  police  the  rank  held
25    immediately   prior   to  appointment  to  the  deputy  chief
26    position.
27        No municipality having a population less  than  1,000,000
28    shall  require  that any fireman appointed to the lowest rank
29    serve a probationary employment period  of  longer  than  one
30    year.   The  limitation on periods of probationary employment
31    provided in this amendatory Act of 1989 is an exclusive power
32    and function of the State.  Pursuant  to  subsection  (h)  of
33    Section 6 of Article VII of the Illinois Constitution, a home
34    rule  municipality  having  a  population less than 1,000,000
 
                            -5-      LRB093 07945 MKM 14942 a
 1    must comply with this limitation on periods  of  probationary
 2    employment,  which  is  a  denial and limitation of home rule
 3    powers.  Notwithstanding anything to  the  contrary  in  this
 4    Section,  the probationary employment period limitation shall
 5    not apply to a fireman whose position also includes paramedic
 6    responsibilities.
 7    (Source: P.A. 91-615, eff. 8-19-99.)

 8        Section 99.  Effective date.  This Section and Section 10
 9    take effect upon becoming law, and Section 5 takes effect  on
10    January 1, 2004.".